Jury To Decide If Twins Felt Pain While In Womb

View all news posts

In a major legal victory, a judge has decided in a Ross Feller Casey obstetric malpractice case that a jury should determine whether stillborn twins were capable of feeling pain while in the womb.

Lackawanna County Judge Terrence R. Nealon ruled that plaintiff’s lawyer, founding partner Matt Casey, provided sufficient evidence that fetuses at 33 weeks indeed feel pain, and that he would allow such testimony at the upcoming trial in Page v. Moses Taylor Hospital, which is scheduled to begin May 25 in Scranton.

"There is scientific support for the ­conclusion that viable fetuses at 33 weeks' gestation have the cortical, subcortical and neurochemical capacity for conscious ­perception of pain,” Nealon said.

The defense unsuccessfully petitioned the court to preclude such testimony from a plaintiff’s witness from being offered during the trial, arguing it amounted to “novel science.”

Among other things, the lawsuit involves negligence by doctors in the diagnosis and treatment of preeclampsia during Jo Ann Page’s first pregnancy that led to the stillborn birth of her twins at 33 weeks. As a result of the negligence, Jo Ann Page also suffered catastrophic physical and emotional injuries.

“She almost died. Had they delivered the babies sooner, it would have prevented their death and the catastrophic physical and emotional injury to their mother,” Casey told The Scranton Times-Tribune (read story).

The legal victory over the pain issue substantially increases the amount of a potential jury verdict.

Casey told The Legal Intelligencer newspaper that there was no basis upon which to file the motion to preclude the testimony “in the first instance and, accordingly, we were pleased but not surprised with Judge Nealon's decision."

Read the Story

Learn more about Birth Injury, Medical Malpractice.

Disclaimer - Ross Feller Casey, LLP provides legal advice only after an attorney-client relationship is formed. Our website is an introduction to the firm and does not create a relationship between our attorneys and clients. An attorney-client relationship is formed only after a written agreement is signed by the client and the firm. Because every case is unique, the description of awards and summary of cases successfully handled are not intended to imply or guarantee that same success in other cases. Ross Feller Casey, LLP represents catastrophically injured persons and their families in injury and wrongful death cases, providing legal representation in Pennsylvania and New Jersey.


  • NBC
  • CNN
  • ABC
  • CBS
  • AP
  • The Philadelphia Inquirer

Contact us for an initial consultation

If you would like a member of our staff to contact you for a free initial consultation on your case, please complete this form, or call us toll-free at 215-515-4401.

Please include your name
Please include a valid email
Please include your phone number
Please include a message
Ross Feller Casey, LLP One Liberty Place 1650 Market St, 34th Floor Philadelphia, PA 19103

This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

Because every case is different, the description of awards and cases previously handled do not guarantee a similar outcome in current or future cases.

Copyright © 2018 Ross Feller Casey, LLP. All Rights Reserved.

Privacy Policy